(영문) 수원지방법원 2016.05.04 2014가단71145

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(영문) 수원지방법원 2016.05.04 2014가단71145

보증금반환 등

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1. The defendant shall pay 27,550,000 won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit.

Reasons

1. Facts of recognition;

A. During Ansan-si, the Plaintiff entered into a lease agreement with Nonparty D with respect to the entire C and the second floor (hereinafter “instant housing”) and resided in the instant housing. Since then, around August 5, 2003, the Defendant succeeded to the lessor’s status as a lessor upon the transfer of ownership of the instant housing. On August 1, 2012, the Plaintiff and the Defendant renewed the lease agreement (hereinafter “instant lease agreement”) with the period from July 1, 2012 to June 30, 2014, by setting the deposit amount of KRW 28 million, monthly rent of KRW 130,000,000, and the lease period of KRW 130,000,000, monthly rent of KRW 130,000.

B. However, around November 2013, the Defendant accepted the instant house. Accordingly, the Plaintiff did not properly repair the instant house even if the Plaintiff transferred most of its houses to another place around that time, but failed to repair the house for a few months, the Plaintiff demanded the Defendant to return the deposit by disclosing that there was no intention of renewal of the lease contract by content-certified mail around July 9, 2014, and the said content-certified mail reached the Defendant around that time.

C. Meanwhile, from September 2013 to June 2014, the Plaintiff paid a total of KRW 1.3 million for ten months, including KRW 20,000,000 for the monthly rent, KRW 200,000 for the two-month water rate of September 2013 and KRW 1.20,000,000 for the six-year water volume, and KRW 1.220,000 for the six-year water volume, and the Plaintiff destroyed even the form, thereby causing the repair cost.

After the filing of the instant lawsuit, the Plaintiff returned the key to the entrance door of the instant house to the Defendant around December 2014.

[Ground of recognition] Facts without dispute, Gap 1 to 3, Eul 2-1 to 2-12, and the purport of the whole pleadings

2. The Plaintiff’s assertion on both sides: (a) the remainder of lease deposit 2,6510,00 won [=28 million won - 1,490,00 won (i.e., unpaid monthly rent of KRW 1,440,00)] against the Defendant; and (b) the Defendant repair the instant house from November 2013; (c) the Plaintiff’s animal was transferred to another place, but the construction was not carried out for eight months.

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